Pedestrian Accidents by the Numbers (2008–2017)

Source: Dangerous By Design 2019

Most Dangerous State in the Country

We all remember being told as children to “look both ways before crossing the street.” We should all take this lesson to heart because America’s roads are quite dangerous for pedestrians. From 2008–2019, over 53,000 pedestrians were struck and killed by drivers across the country.

Worse still, for three years in a row (2019–2021) Florida ranked the number 1 most dangerous state for pedestrians. In 2019 alone 5,893 pedestrians died on Florida streets. These statistics only include pedestrian deaths; there are surely countless more accidents that resulted in catastrophic and life-altering injuries.

Why Are Florida Roads So Hazardous?

Assigning blame for these horrid statistics isn’t simple. On the one hand, we can look at city planning and the roads themselves. We have learned that city engineers in Florida prioritized vehicle speed over pedestrian friendliness. These wide intersections aren’t good for Florida’s large elderly population, who may have mobility issues. Florida also has a high number of SUVs and trucks, which tend to cause greater injuries than smaller cars in a collision with a pedestrian.

On the other hand, densely populated Florida metros like the Palm Beach, Broward, and Miami-Dade country area lack the public transit capabilities of other large cities like New York or Chicago. Without a viable alternative, Floridians will continue to increase both the density of pedestrian traffic and vehicle traffic.

When and Where Pedestrian Accidents Happen

Since the big underlying causes of pedestrian accidents are quite difficult to change, the best way to avoid being injured in a pedestrian accident is to learn where and when they tend to occur. Here are 5 tips for noticing high-risk situations according to the GHSA’s “2019 Spotlight on Highway Safety.”

Not at Intersections

People might assume that the majority of pedestrians are struck by vehicles in crosswalks. However, the data do not bear this out. In 2018, only 25% of pedestrian fatalities occurred in or near an intersection. If you’re only being careful at crosswalks, you are only being safe 25% of the time.

Local Roads and Highways

The GHSA’s report found that only 22% of the total pedestrian fatalities occurred on residential and downtown streets. A much higher percentage (59%) happened on so-called “non-freeway arterials,” which are the main roads that carry a city’s local and regional traffic. The lower number for in-town driving could be attributed to the lower speed limits on residential and downtown roads.

Night Driving

Unsurprisingly, the GHSA concluded that lighting conditions have a marked effect on pedestrian accidents. In fact, 76% of pedestrian fatalities occur after dark. If dawn and dusk hours are added to the mix, when sunlight is waxing and waning, we have another 4% or 80% of the total fatalities. Anyone walking or jogging at night should take extra precautions.

Elderly More at Risk

Unfortunately, people over 50 years old are overrepresented in pedestrian accident deaths. This is a particularly troublesome finding for Florida, whose elderly population is sizeable and growing. This age group, especially those in the 75+ range, is more likely to experience challenges seeing, hearing, or moving, further exacerbating the problem.

Lower-Income Communities

Finally, pedestrian deaths negatively correlate with an area’s average household income. In other words, the lower the median household income of an area, the more dangerous its streets are likely to be for pedestrians and vice versa. Given that low-income communities are less likely than higher-income communities to have well-maintained sidewalks, marked crosswalks, and streets designed for pedestrian safety, such a finding is not surprising.

Florida Pedestrian and Right-of-Way Laws

Like most other things, there are state statutes to protect pedestrians. Let’s take a look at the actual laws that govern pedestrians in Florida. Section 316.130, Florida Statutes, details the rules pedestrians must follow when walking, jogging, or riding a bike in Boca Raton. Here are some of the most critical pedestrian traffic regulations:

• Whenever a vehicle is stopped at a marked crosswalk to permit a pedestrian to cross, no driver can pass the stopped vehicle,
• Between adjacent intersections with traffic control signals, pedestrians must not cross at any place except the marked crosswalk.
• Every pedestrian crossing a road outside a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway,
• Pedestrians must cross the road at 90-degree angles to the opposite curb.
• Pedestrians shall move, whenever practicable, upon the right half of crosswalks.

In short, Florida law says that pedestrians have the right of way when crossing the street if they are in a crosswalk. However, pedestrians give up the right of way if they cross the street outside of a designated crosswalk.

These various pedestrian laws are critical when it comes to assigning comparative liability in your pedestrian accident case. If the driver’s defense attorney can show that you were violating one or more of these laws, then you can be held partly liable for the accident that occurs as a result.

Can A Pedestrian Be “At Fault”?

That being said, even if a pedestrian can be shown to have violated one or more of the regulations in Section 316.130, F.S., the comparative fault assignment is likely to fall in the pedestrian’s favor. The driver is almost always going to bear some responsibility for the accident because of section 316.310(15), F.S., which reads:

Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.

This in no way is a free pass for pedestrians to flout the traffic rules or intentionally seek injuries. It does, however, mean that the driver is not allowed to hit a pedestrian even if the pedestrian is technically breaking the law, e.g. by jaywalking, and that the driver will still bear some comparative fault in a pedestrian accident.

Most Common Pedestrian Accident Injuries

The type of injury a pedestrian will sustain from being struck by a vehicle will depend largely on the location of the accident and the type of vehicle.

On the one hand, typical passenger cars are smaller and lower to the ground, which means they will strike a person’s center and tend to cause hip, pelvis, and leg fractures. An SUV or truck, on the other hand, is much heavier and has more ground clearance. Pedestrians hit by SUVs and trucks could suffer additional damage to arms, legs, and the back.

Moreover, because a pedestrian is not typically wearing protective gear while out for a stroll, the initial blow from the 4,000-pound vehicle will propel them into forward into another objects or oncoming traffic, which could cause further injury, such as brain injury and concussion.

Recoverable Damages from Florida Pedestrian Accidents

As with any other accident victim, if you’ve been struck by a vehicle while walking, jogging, or biking, you have the legal right to seek compensation for the damages caused by the accident. Fortunately, pedestrian accident victims usually bear a relatively minor degree of the fault, which means the damages recovered are higher. Pedestrian accident victims can recover economic, non-economic, and punitive damages.

Economic or Special Damages

Economic damages are your compensation for the out-of-pocket expenses related to the injuries you sustained in the accident. They may include:

Non-Economic or General Damages

Non-economic damages are a fuzzy category that are hard to quantify. They often include future harms or injuries that lack specific dollar values. You and your lawyer will assign values to these items by their impact on your quality of life.

No-Fault Statute

Florida’s no-fault statute still comes into play in pedestrian accidents.

As you may know, Florida requires every driver to carry an auto insurance policy with a minimum of $10,000 Personal Injury Protection (PIP) and Property Damage Liability (PDL). Florida is also a no-fault state, and when a car accident happens, both sides regardless of fault seek help from their own policies first.

This means that if you are struck by a car as a pedestrian and you have a separate car insurance policy, you are still required to go to your car insurance policy first. Victims that do not own cars and do not have car insurance policies can still be covered under the at-fault driver’s policy.

Furthermore, to be eligible for pain and suffering damages you will have to meet the permanent injury threshold.

Speaking to a pedestrian accident lawyer can help you determine what insurance covers your injuries and can help you make the right claims, for the right amounts, at the right time to protect your rights to compensation.

Why You Should Hire a Pedestrian Accident Lawyer

If you are here, chances are that you or someone you know has been hit by a car, truck, or SUV while they were walking down the street. We are truly sorry that you are going through this, and we sincerely hope that you recover from your injuries and that you can return to your normal life as soon as possible.

We also want to help you make smart decisions about your case so you can choose the right pedestrian accident lawyer and get on the path to full recovery—both physically and financially. The effects of a pedestrian accident can be devastating, and without a dedicated personal injury lawyer on their side, victims often don’t recover the full amount of damages to which they are entitled. When thinking about hiring a lawyer for your pedestrian accident, keep a few points in mind.

If you have suffered an injury in a pedestrian accident, you need to seek out an experienced Florida accident and injury attorney who will guide you through the claims process. The insurance company will have attorneys and insurance adjusters on their side to protect their interests—so should you.

The personal injury lawyers here at Personal Injury & Accident Law Center would love to speak to you about your case and tell you how we can help you get on the path to recovery. Call us today at (561)372-3800 or click the button below to schedule a free case evaluation.